BY LAWS

PREAMBLE

WE, the members of BORONGAN FRUIT AND FLOWER VENDORS

ASSOCIATION, in order to promote our moral, social and economic well-being,

protect and uphold our individual and collective rights, as well as foster harmonious

and progressive relationship do hereby promulgate this CONSTITUTION.

ARTICLE I NAME AND DOMICILE

Section 1 This Association shall be known as the BORONGAN FRUIT AND

FLOWER VENDORS hereinafter referred to as the “ASSOCIATION”.

Section 2 The Association shall be domiciled at Borongan City Eastern Samar.

ARTICLE II DECLARATION OF OBJECTIVES

The Association commits itself to the pursuits of the following objectives.

Section 1 To promote the moral, social and economic well-being of the

members.

Section 2 To protect and uphold the individual and collective rights of all the

members.

Section 3 To foster harmonious and progressive association through proper

management.

Section 4 To strive for the adoption of legislation, policies and other measures

that will promote the economic, social and general well-being of all the

members, in particular, and working class in general.

Section 5 To promote the enlightenment of all the members in regards to their

rights and obligation as association members.

Section 6 To engage in economic and livelihood projects for the benefit of the

association.

Section 7 To provide social aid benefits to members, to uplift their plight to

secure for themselves human dignity.

ARTICLE III MEMBERSHIP

Section 1 All vendors working in the Municipality of Borongan, at least 21 years

old and a bonafide resident of Borongan City Eastern Samar is eligible

for membership in the Association.

Section 2 Qualified vendors may become members of the Association by written

application approved by the officers upon recommendation of the

committee on membership and after payment in full of the requirement

admission fee.

Section 3 The following shall not be eligible for general membership nor to

election or appointment to any position in the Association.

a) Subversives or persons who profess subversive ideas

b) Persons who have been convicted of a crime involving moral

turpitude

c) Persons who are found inimical to the objectives for which the

association was created.

Section 4 Every members regardless of standing shall be entitled to participate

in all general meetings, and has the right to vote on the following

matters:

a) Amendment of the Articles of Association

b) Adoption and amendment of by-laws;

 c) Merger or consolidation of the Association with another

association or other associations

d) Dissolution of the Association

Section 5 Every general member of the association has the following duties and

obligation:

a) To pay his or her membership fee, association dues, special

assessments, and such other fees which may be levied on him or

her by the Association;

b) To provide his or her own copy of the by-laws

c) To participate in important activities or social affairs of the

Association as may be determined by the Executive Board

d) To attend all meetings, assemblies, and seminars as may be

called by the Executive Board

e) To obey and comply with these by-laws and such other rules and

regulations as may be promulgated by the, and approved by the

majority of the members.

f) To receive the letter of notice of meetings, assemblies, and

seminars as may be called by the Executive Board

Section 6 Member who has done the following, may be declared delinquent by

the Executive Board in accordance with the procedure in the

succeeding section.

a) Those member who failed to pay their monthly dues, fees, or other

charges for three (3) consecutive months based on the report of

the Treasurer.

b) Those member who are late for five (5) consecutive times from

any regular or special meeting of the general membership,

important activity and social affairs of the Association without

justifiable grounds
 c) Those member who absents himself or herself for three (3)

consecutive times from any regular or special meeting of the

general membership, important activity and social affairs of the

Association without justifiable grounds.

d) Those member who have five (6) accumulated absents of from

any regular or special meeting of the general membership,

important activity and social affairs of the Association without

justifiable grounds.

e) Those members who are selling products aside from flowers,

flower basket, floral foams, candles, fruits, fruit baskets, desserts,

pastries, cakes and loaf of bread.

f) Those members who did not use their stall for two (2) consecutive

years.

g) Those members who rented out their stall to anyone.

h) Those members who sold out their stall to anyone.

i) Those members who are not following the suggested retail price

issued by the Executive Board.

j) Those members who causes havoc and incites general

membership to cause havoc in the association.

k) Those members who has repeatedly or grossly violated the

Association’s by-laws, may be declared delinquent by the

Executive Board in accordance with the procedure in the

succeeding section.

Section 7 The Executive Board shall observe the following procedure in

declaring a member delinquent or not in good standing:

a) The President of the Association shall forthwith notify the said

member in writing of the violation and require him or her to explain

 in writing, within five (5) days from receipt of notice, why he or she

should not be declared delinquent.

b) After the lapse of five (5) days, with or without a written

explanation, the President or the designated Officer shall submit

the matter to the Executive Board for hearing and deliberation.

c) Thereafter, the member may be declared delinquent by majority

vote of all members of the Executive Board.

Section 8 The membership of the said person declared by the Executive Board

as delinquent is revoked.

Section 9 Membership in the Association shall not be transferable.

ARTICLE IV PRINCIPAL OFFICERS

Section 1 The governing body of the Association shall be the Executive Board

whose members shall be elected either through secret ballot or raising

of the right hand by the general membership.

Section 2 The Executive Board should, formulate policies and implement

program to effectively carryout the objective of the Association and

manage all the monies and property of the Association.

Section 3 The Executive Board is consisted only of the Association officers,

namely:

President Auditor

Vice President Public Information Officers

Secretary Sergeant At Arms

Treasurer

Section 4 The Officers of the Association shall hold their position for a period of

five (5) years from the date of their election until their successor shall
 have been duly elected and qualified, provided that they remain

members of the Association of good standing.

Section 5 Vacancies in the Executive Board, except the position of the

President, shall be filed up by the board by appointing any member(s),

shall hold office in an acting capacity for the unexpired term of office of

the immediate predecessors.

ARTICLE V DUTIES AND POWERS

Section 1 The President shall be the Executive Officer of the Association, his or

her duties and powers shall be included, the following:

a) Preside the overall meetings and deliberations of the Executive

Board and of general membership.

b) Appoint all members of standing committees of the association

with the concurrence of majority of the members of the Executive

Board.

c) Approve vouchers covering the applications or expenditures of

Association funds before payment or disbursement is made by the

treasurer.

d) Call special meeting of the Association or the Executive Board

wherever he or she deems necessary or upon written request of,

at least eighty (80) percent of the general membership or a

majority of the members of the Executive Board.

e) Represent the Association on all occasion and all matters in which

representation of the Association may be agreed upon or required.

Section 2 The Vice President shall perform the duties and function of the

President in case of the latter’s absence, disability, death or

 resignation. He or she shall perform functions that maybe assigned to

him or her by the President.

Section 3 The Secretary shall perform the following duties and functions:

a) Take down minutes of the meetings of the general membership

and of the executive board.

b) Keep a book of minutes of resolution and a continuing register of

all the Executive Board.

c) Act as custodian of all records, documents, minutes of meeting of

the Executive Board and of the general membership as well as

printed and/or written policies, projects and activities of the

Association.

d) Submit or update to the DOLE the list of Association members, list

of elected officers, and other respective addresses, minutes of

election and list of voters within 30 days from the date of election

or from the occurrence of the change in association officers and

such other documents or papers as may be required by DOLE.

Section 4 The duties and functions of the Treasurer are as follows;

a) Collect, receive and issue receipts for all money, funds and

contribution to the association.

b) Make sure that all the disbursement and payment made by him or

her are accompanied by necessary receipts.

c) Keep a record of all receipt and expenditures.

d) Prepare such financial reports as may be required of him/her by

the general membership, the Executive Board and the DOLE. It

shall include all money receives and paid by him/her since he/she

assumed office.

e) The rendering such account shall be made at least once a year

within thirty (30) days after the close of the association fiscal year
 and at such other times as may be required by a resolution of the

majority of the members of the association

f) Upon vacating his office due to dissolution of the association for

any cause, the Treasurer shall make a final report of all his assets

in his custody.

Section 5 The Auditor shall audit, verify and examine all financial accounts of the

association. He or she shall supervise the entries in the books of

accounts of the association shall render a report of his or her audit as

may be required by the Executive Board or by resolution of majority of

the general membership.

Section 6 The Pubic Information Officer (PIO) shall be in charge of matters

involving public information’s of the association.

Section 7 The Sergeant-At-Arms shall be in charge of the preservation of peace

and order at meetings of the Executive Board and of the general

membership.

ARTICLE VI STANDING COMMITTEES

Section 1 To ensure coordination and efficiency in the transaction of Association

matters and in order to realize the objectives of this Constitution, one

(1) standing committees is hereby created:

a) Committee on membership which shall receive and process

application for membership and make recommendations thereon

to the President. It shall implement rules, regulations and

decisions as may be promulgated by the Executive Board or the

general membership for the admission of members in the

Association.
 ARTICLE VII MEETINGS OF THE ASSOCIATION

Section 1 The Association shall hold regular general membership meetings at

least once every months. Notices of the meeting shall be sent out by

the Secretary at least five (5) days prior to such meetings by delivering

it to the houses of the general membership. The date, time and place

for the meeting shall be determined by the Executive Board.

Section 2 Regular meetings of the Executive Board shall take place on the last

Saturday of every month with appropriate notice to be sent out by the

Secretary to each member of the Board at least three (3) days prior to

such meeting. The time and place of the meeting shall be determined

by the President.

Section 3 Special meeting of the general membership may be called at any time,

either at the call of the President, upon request of majority of the

members of the Executive Board or upon written petition addressed to

the President of at least sixty (60) percent of all members in good

standing of the Association.

Section 4 The notice of any meeting whether it be of the general membership of

the Executive Board, regular or special, shall contain the item or items

to be discussed and shall constitute the agenda of the meeting. Any

item or items not included in the agenda may be taken up or upon

recommendation of majority of the members of the Executive Board

present and constituting a quorum if it be an Executive Board meeting

or majority of the members present and constituting a quorum it be a

general membership meeting.

Section 5 Any member who absent himself from any regular or special meeting

of the general membership shall within five (5) days from the date of

said meeting submit a written explanation to the Committee on

 Membership as to the reason or reasons for his failure to attend the

meeting. The Committee on Membership shall evaluate the

explanation and render a report thereof to the Executive Board.

Section 6 In the event, the reason or reasons unacceptable to the Executive

Board for being unjustified, the erring member or members shall pay,

at the discretion of the Executive Board a fine of not less than THREE

HUNDRED (300) PESOS not more than FIVE HUNDRE (500) PESOS

to the Association through the Treasurer which may be collected

strictly by the Treasurer.

Section 7 Any member who is late for fifteen (15) minutes from any regular or

special meeting of the general membership without justifiable grounds

is considered absent.

Section 8 Absence of a member or members of the Executive Board shall be

subject to rules and regulations to be promulgated by the Board.

Such rules and regulations shall be passed upon by the general

membership.

ARTICLE VII ASSOCIATION ELECTION

Section 1 There shall be a Committee on Election (COMELEC) to be created by

the Executive Board at least thirty (30) days before any regular or

special election. The functions of the COMELEC include the following:

a) adopt and promulgate rules and regulations that will ensure a

free, clean, honest and orderly election, whether regular or

special;

b) pass upon qualification of candidates;

 c) rule on any question or protest regarding the conduct of the

election subject to the procedure that may be promulgated by the

Executive Board; and

d) Decide the type of voting in the election proper, either through

secret ballot or through raising the right hand of the general

membership.

e) Proclaim the duly elected officers.

Section 2 The COMELEC shall be composed of chairman and two (2) members

all of whom shall be appointed by the Executive Board.

Section 3 The COMELEC shall automatically dissolved thirty (30) days after the

duly elected officers are proclaimed.

Section 4 Regular election officers of the Association shall be held on any place

deemed appropriate by the majority of the Executive Board and on the

same date every 5 years thereafter.

Section 5 Candidates for elective positions must be members of the association

in good standing for a period of at least seven (8) year of the date of

the election.

Section 6 All members of the Association in good standing must be members of

the association in good standing for a period of at least seven (7) year

of the date of the election to be eligible to vote in the Association

election.

Section 7 Voting should be done either through secret ballot or raising the right

hand of the general membership and the election shall be decided by

plurality of votes.

Section 8 The duly elected officers shall meet within one (1) week following their

proclamation to which time the outgoing administration shall turn over

all records and properties of the association to the new administration.

Section 9 The members of the Association must vote in person. Proxy are not

allowed to vote

ARTICLE VIII FEES, DUES, SPECIAL ASSESSMENTS, FINES AND OTHER

PAYMENTS

Section 1 An admission of one thousand (1000) PESOS shall be paid by an

applicant before he or she becomes officially a member of the

association.

Section 2 Every member shall pay regular dues to the Association in the amount

of fifty (50) pesos per month, which may be collected by the

Treasurer.

Section 3 All amount collected pursuant to the preceding sections shall

constitute the general fund of the association to be applied to the

operational and organizational expenses of the association or for any

purposes or object at may be authorized by the general membership

in a written resolution adopted at the general membership meeting

duly called for the purpose.

Section 4 Every member shall contribute to the association such amount as may

be fixed by the general membership through a written resolution

adopted at the general membership meeting duly called for the

purpose to be applied to or expended for any or all of the following

objects:

a) Such other plans and programs that will promote the interest

and welfare of the association members.

Section 5 Special assessments or other extraordinary fees such as for payments

of attorney’s fees shall be made only upon a resolution duly ratified by

the executive board

Section 6 Every payment of fees, dues or other contributions by a member shall

be evidence by a receipt signed by the Treasurer or his duly

authorized representative making the collection and entered into the

records of the association to be kept and maintained for the purpose.

Section 7 Every expenditures of the fund of the Association shall be evidence of

the receipt from the person to whom the payment is made which shall

state the date and place and purpose of such payments. Such receipt

shall be part of the financial records of the association.

Section 8 The books of accounts other records of the financial activities of the

association shall be open for inspection by any officers or members

anytime during office hours.

ARTICLE IX QUORUM AND RULES ORDER

Section 1 Except when greater proportion is required herein or by law, majority

vote shall prevail at meetings and deliberations of the association. The

presence in person of at least fifty percent (50%) plus one (1) of the

total numbers of members based on the records on file with the

BFFVA shall constitute a quorum for all meetings aside from the

situation stipulated in this by laws.

 ARTICLE X IMPEACHMENT AND RECALL

Section 1 Any of the following shall be grounds for the impeachment or recall of

association officers:

a) Committing or causing the commission directly or indirectly of acts

against the interest and welfare of the association

b) Failure to comply with the obligation to turn over and return to the

association Treasurer within three (3) days are unexpended sum

or sums of money received from the association funds to answer

for an authorized association

c) Misappropriation of association of funds and property. This is

without prejudice to the filing of an appropriate criminal or civil

action against the responsible officer or officers by an interested

party.

d) Gross misconduct, unbecoming of an association officer

e) Willful violation of any provisions of this Constitution or rules,

regulations, measures, resolutions and decision of the association.

Section 2 The following procedure shall govern impeachment and recall

proceedings.

a) Formal petition shall initiate impeachment or recall proceedings or

resolution signed by at least eighty (80) percent of all bonafide

members of the association and addressed to the chairman of the

executive board.

b) The board chairman shall then convene a general membership

meeting to consider the impeachment or recall of officers or a

group of officers, whether elective or appointive.

 c) Association officers against whom impeachment or recall changes

have been filed shall be given ample opportunity to defend

themselves before any impeachment or recall vote is finally taken.

d) A majority of all members of the association shall be required to

impeach or recall association officers.

e) The association officers impeached, shall be considered resigned

or ousted from office and shall no longer be elected nor appointed

to any position in the association.

f) The decision of the general membership on the impeachment or

recall charge shall be final and executory.

ARTICLE XI FISCAL YEAR

Section 1 The association fiscal year shall commence on 1 January and end on

31 December of the year.

ARTICLE XII AMENDMENTS

Section 1 The Executive Board may make proposals for amendments to this

constitution or upon formal petition of at least eighty (80) percent of

the general membership.

Section 2 No proposals for amendments and become a part of this constitution

until after the same shall have been ratified by three-fourth vote of all

members of the association either at a special meeting or a resolution

called for such purpose.

 ARTICLE XIII - EFFECTIVITY

Section 1 This Constitution shall take effect on the day following its ratification.

ADOPTED AND RATIFIED this day of ______ of ____________________,

200___ at _______________________________________, Philippines.

The list of members together with their signatures who ratified the same

appearing in Annex “A” hereof.

CERTIFIED CORRECT:

_______________________________

Secretary

ATTESTED by:

______________________________

President
 SUGGESTED FORMAT OF BOARD RESOLUTION

BOARD RESOLUTION

REPUBLIC OF THE PHILIPPINES )

___________________City/Municipality) S.S.

I, __________________________________ (Name), being the duly elected

President of Borongan Fruit and Flower Vendors Association, an organization

duly organized and existing under and by virtue of its registration with the

Department of Labor and Employment (DOLE), with principal address at

Borongan City Eastern Samar, do hereby certify that during the regular

meeting of the Executive Board of said organization held on

______________________________ (date), the following resolution was

unanimously adopted:

“RESOLVED, that the application for assistance from DOLE is hereby

approved as discussed during the Board Meeting conducted on

_____________________________.”
 “RESOLVED, that to support said application, the following statements

are made:

1. The organization is currently operating in the principal address stated in

its certificate of registration.

2. The organization is not in the process of dissolution or the subject of a

proceeding leading to the cancellation of its certificate of registration;

3. The organization is not a party respondent in any case pending with

regular courts or administration agencies. (Note: if not applicable or if

with pending case, a list of such cases shall be annexed to the Board

Resolution.); and

4. The organization is willing to appropriate the 20% counterpart funding

support for the purpose thereof.

I also certify that the said Resolution is still in force and has not been

amended and revoked.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of

_________________, 200__.

______________________________

Name of President/Officer
 SUBSCRIBED AND SWORN to before me this _______ day of

_____________________,200__at_______________________________________

_____, affiant exhibiting to me his/her Residence Certificate No.

___________________ issued at ___________________________________ on

___________________________________________.

______________________________

NOTARY PUBLIC

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Page No. _________

Book No. _________

Series of _________